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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 32818
Experience:  16 yrs. of experience including family law.
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My ex-husband has filed a subpoena for my employment records

Customer Question

My ex-husband has filed a subpoena for my employment records from my former employer. This is an a modification order. My employer fired me and I think something in my records will damage my case for child support. What can I do about this?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Have you talked to a lawyer yet?
Customer: No. I cannot afford one.
JA: Anything else you think the lawyer should know?
Customer: Yes. I was a stay home mother for 6 years before the divorce and had great difficulty finding work.
Submitted: 2 months ago.
Category: Family Law
Expert:  P. Simmons replied 2 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry for this dilemma. But not sure I understand your specific question. Are you asking if you can oppose the request for records?

Customer: replied 2 months ago.
I guess what I'm asking is what my employer is required to produce. Also if I can quash it because it invades my privacy. I got this job after divorce was granted
Expert:  P. Simmons replied 2 months ago.

You can "quash" the subpoena IF you can show that the records are not relevant to the case.

The fact that they are personal is not a basis to stop the process...if the records are relevant to the case, the court will require they be produced.

Now...if the records contain personal information, you can request that the court view them "in camera" (so they do not become part of the public record)....but this does not prevent the court from considering in the information in the records.

Bot***** *****ne, if the records are relevant (and it seems clear that they are) the court will allow them to be can request that the court review the records in camera if you are worried about personal information

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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